beta
(영문) 서울남부지방법원 2018.12.21 2017가합2251

계약 무효

Text

1. Of the instant lawsuit, a resolution that the Defendant concluded to terminate the consignment management contract on September 21, 2017 is null and void.

Reasons

1. Basic facts

A. When both the Plaintiff (Appointeds) and the designated parties (hereinafter referred to as “Plaintiffs”) indicate the Plaintiff and the designated parties, the designated parties are the representatives of each apartment building of this case as the occupants of HB apartment located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant apartment”).

The defendant is an organization organized pursuant to the Multi-Family Housing Management Act for the maintenance and management of the apartment of this case.

B. On September 21, 2017, the Defendant decided to terminate the existing management contract (hereinafter “existing management contract”) entered into with D Co., Ltd. (hereinafter “D”) with the consent of seven persons, among the 12 representatives of each building (hereinafter “D”), and issued notification of termination to D on October 20, 2017.

C. On October 25, 2017, the Defendant issued a public notice on the selection of the housing management operator of the instant apartment on the multi-family housing management information system (htp:/www.k-apt.go.r.), and on November 6, 2017, upon publicly announcing C Co., Ltd. (hereinafter “C”) as a successful bidder, the term of the contract between C and C is determined from November 6, 2017 to November 5, 2020 as the instant management contract.

A. [The facts that there is no dispute over the basis for recognition, Gap evidence Nos. 1, 2, 7, 10, 18, Eul evidence No. 1, and the purport of the whole pleadings.

2. The plaintiff (appointed)'s assertion

A. A resolution of September 21, 2017 is null and void due to the failure to meet the quorum.

B. The Defendant, without going through a lawful resolution contrary to the guidelines for the selection of housing management operators and business operators, announced a public announcement on the selection of housing management operators without going through a lawful resolution. The Defendant, upon a request for correction by the head of Yangcheon-gu Seoul Metropolitan Government, took a procedure for selecting housing management operators even though the said public announcement was deleted from the multi-family housing management

Therefore, a resolution was made by the Defendant to conclude the instant management contract.